William L. Mitchell, Jr. v. Frank Kendall, Secretary of the Air Force
Environmental SocialSecurity Securities Immigration
Whether a second voluntary dismissal under Federal Rules of Civil Procedure 41(a)(1)(A) and (B) acts as an adjudication on the merits and forms a basis for appeal
QUESTION PRESENTED Under Federal Rules of Civil Procedure 41(a)(1)(A) and (B), the “Effect” of a second voluntary dismissal “acts as an adjudication on the merits.” Given the fact a second voluntary dismissal by the Plaintiff in federal district court involved the same claim, does it form a basis for appeal under FRCP 41(a)(1)(A) and (B)? RELATED CASES Mitchell v. Department of Air Force, No. 14-cv-847, U.S. District Court for the Northern District of Texas. Notice of Voluntary Dismissal November 18, 2014. Mitchell v. Department of Air Force, No. 14-cv-847, U.S. District Court for the Northern District of Texas. Judgment entered December 4, 2015. Mitchell v. Department of Air Force, No. 16-10043, U.S. Court of Appeals for the Fifth Circuit. Judgment entered September 27, 2016. Mitchell v. Kendall, No. 21-cv-912, U.S. District Court for the Northern District of Texas. Judgment entered May 3, 2022. Mitcheil v. Kendall, No. 22-cv-00443, U.S. District Court for the Northern District of Texas. Notice of Voluntary Dismissal August 11, 2023. Mitchell v. Kendall, No. 23-11035, U.S. Court of Appeals for the Fifth Circuit. Judgment entered March 27, 2024. Mitchell v. Kendall, No. 23-11035, U.S. Court of Appeals for the Fifth Circuit. Judgment entered May 2, 2024. Mitchell v. Kendali, No. 23-11035, U.S. Court of Appeals for the Fifth Circuit. Judgment entered June 5, 2024.